Wood v. . Fisk
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the trial court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the trial court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. This is purely an action for conversion, and, unless the rights of the parties were altered by the filing of the petition in bankruptcy the cause of action arose on and not before March 21, 1910, when the plaintiff’s note matured and he tendered…
1Opinion of the CourtOardozo, J.
The action is brought for the conversion of stock. The defense is a discharge in bankruptcy. The question is whether the cause of action was provable in bankruptcy, and if provable, whether it was affected by the discharge.
The defendants at the date of these transactions were stockbrokers in the city of New York. The plaintiff was their customer. They loaned him $39,000, and received his promissory note with one hundred shares of Baltimore and Ohio stock and two hundred and one shares of Union Pacific stock as collateral security. The note provided that they might repledge the securities for…
2Cases cited6 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Crawford v. BurkeSupreme Court of the United States · 1904
- Douglas v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1897
- Phenix National Bank v. . WaterburyNew York Court of Appeals · 1910
- Mayer v. MonzoAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by48 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- American Honda Finance Corp. v. Cilek (In Re Cilek)United States Bankruptcy Court, W.D. Wisconsin · 1990
- Birmingham Trust National Bank v. McGiboney (In Re McGiboney)United States Bankruptcy Court, N.D. Alabama · 1981
- Meyer v. PriceNew York Court of Appeals · 1929
- Scheuer v. Salmon Weed & Co.Court of Appeals for the Second Circuit · 1931
43 more not listed; retrieve them via the Exa API.